Source: All England Reporter
Publisher Citation: [2006] All ER (D) 104 (Feb)
Neutral Citation: [2005] EWCA Crim 3605
Court: Court of Appeal, Criminal Division
Judge:

Rose LJ, Forbes and Calvert-Smith JJ

Representation Adam Kane (assigned by the Registrar of Criminal Appeals) for the defendant.
  Charles Ward-Jackson (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 27 July 2005

Catchwords

Criminal law - Trial - Witnesses - Indecent assault - Competence of young witness - Whether judge erring in finding witness competent to give evidence - Guidance - , s 53(3).

The Case

In the instant case, the judge's ruling that a young complainant was competent to give evidence was correct, and he had applied the correct test. The court made some general observations as to the issue of competence of witnesses within the meaning of s53 of the .

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